How Do I Divide Real Property in a California Divorce?

Real estate obtained by a couple during marriage normally is considered community property.

California is one of nine community property states in the country. In a community property state, all property--including real estate--is considered equally owned by both spouses. The standard is applied even if only one spouse earned income during the marriage to obtain property. The theory is that both spouses, whether working or not, contribute equally to the marriage. The community property standard governs the manner in which property is divided in a divorce case, according to "The Complete Divorce Handbook: A Practical Guide" by Brette McWhorter Sember.

1

Obtain an appraisal of the real estate from a certified appraiser. A current appraisal is necessary to ensure that you have an accurate valuation of the property.

2

Calculate 50 percent of the equity in the real property and 50 percent of the outstanding mortgage balance, if any. This represents the theoretical share due to each spouse.

3

Discuss with your spouse whether or not one of you wants to keep the real estate or whether you want to put it on the market for sale.

4

Put the real property on the market for sale, if that is your decision. Upon the sale, pay off any outstanding mortgage. Divide the proceeds from the sale, 50 percent to each spouse.

5

Address any imbalance that occurs in the overall property division scheme if one spouse keeps the property. In other words, some other asset or debt is set aside for a spouse to balance any benefit or cost that the spouse who keeps the real estate obtains.

Tip

Divorce cases in California, and in all jurisdictions, represent legally complicated and emotionally challenging endeavors. Consider retaining the services of a qualified attorney. The State Bar of California and the American Bar Association maintain resources to assist you in finding an experienced divorce lawyer.

Warning

Certain exceptions exist to community property. For example, if a spouse inherits property or receives it as a gift, that asset typically is not included in the marital assets and is not subject to community property division.

About the Author

Mike Broemmel began writing in 1982. He is an author/lecturer with two novels on the market internationally, "The Shadow Cast" and "The Miller Moth." Broemmel served on the staff of the White House Office of Media Relations. He holds a Bachelor of Arts in journalism and political science from Benedictine College and a Juris Doctorate from Washburn University. He also attended Brunel University, London.